Urban Outfitters have found themselves being sued for trademark infringement by Harley-Davidson – again.
Harley-Davidson have alleged that the popular clothing brand have violated their trademark rights for the second time. The items in question are the Urban Outfitter’s “FPV HARLEY BODYSUITS”. As a collective, these bodysuits are named, “Infringing Bodysuits”.
Harley-Davidson have several trademark protections including their full-name and the independent word “Harley”. The company alleged that the brand “uses and has used the Harley-Davidson marks in a variety of unauthorized ways that falsely suggest and are likely to create the mistaken impression that [Urban Outfitters’] products come from or are authorized, approved and/or licensed by Harley-Davidson when they are not.”
They state that “…some of the Infringing Bodysuits are made from genuine Harley-Davidson products that Defendants have altered and reconstructed into new products that bear the Harley-Davidson trademarks [and that] some of the Infringing Bodysuits appear to not be genuine Harley-Davidson products and do not bear any of the Harley-Davidson trademarks, but Defendants have sold these products with tags, labels, receipts, and/or packaging that bear the HARLEY mark and falsely suggest that the Infringing Bodysuits are Harley-Davidson products.”
This is not the first time that Urban Outfitters have found themselves on the receiving end of a Harley-Davidson lawsuit. In 2014, Urban Outfitters were accused of violating Harley-Davidson’s trademarks by selling altered, such as cut-up or shredded, versions of their apparel products.
Subsequently, Harley-Davidson state that by stocking and selling the FPV HARLEY BODYSUIT, Urban Outfitters are directly violating the settlement terms from their 2014 lawsuit in which they “agreed that it would not knowingly make, promote, sell, or distribute Harley-Davidson apparel products that have been altered or reconstructed.”
The company are seeking a court order that prevents Urban Outfitters from selling products that contain any of their protected trademarks as well as monetary compensation for any profits that they may have made from these products in question.